Policy on Nondiscrimination and Equal Employment
Lebanon Valley College does not discriminate on the basis of race, color, national origin, ancestry, religion/creed, sex, pregnancy, sexual orientation, gender identity or expression, age, disability, genetic information, or veteran status in its programs and activities as required by Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, and other applicable statutes and/or College policies. Lebanon Valley College prohibits discriminatory harassment and sexual harassment, including sexual violence and any type of sexual misconduct.

Lebanon Valley College is committed to a policy of equal employment opportunity for all of its employees and applicants. The College accepts the intent of the legislation referred to above to provide equitable treatment of all employees, and prohibits any form of discrimination that is in violation of any applicable federal, state, or local laws or ordinances and/or College policies.

Policy Prohibiting Employee/Student Relationships
Lebanon Valley College employees (faculty, administrators, and staff) are prohibited from having a romantic, intimate, or sexual relationship with students. At the College, the roles of employees are multifaceted, including serving as intellectual guides, teachers, counselors, mentors and advisors; the employee’s influence and authority extend far beyond the classroom or workplace. Consequently, the College believes that a romantic, intimate, or sexual relationship between an employee and a student, even where consensual and whether or not the student would otherwise be subject to supervision or evaluation by the faculty or staff member, is inconsistent with the proper role of the employee, and is therefore, prohibited. Entering into a romantic, intimate, or sexual relationship with any student is outside the bounds of an employee’s assigned duties, and he/she may not be eligible for the College’s liability insurance protection should the College and/or he/she incur civil or criminal liability as a result of his/her actions.

Prohibition on Sexual Misconduct, Sexual Harassment, and Sexually Inappropriate BehaviorAll members of Lebanon Valley College have the right to work and study in an environment free of gender discrimination, including freedom from sexual harassment, sexual misconduct, and other sexually inappropriate behavior. The intent of this policy is to foster responsible behavior in a working and academic environment free from discrimination and harassment. Sexual discrimination or harassment, sexual misconduct, and other sexually inappropriate behavior may affect the terms and conditions of employment or interfere with a student’s work or academic performance and create an intimidating or hostile environment for that employee or student. Thus, Lebanon Valley College disapproves of and forbids gender discrimination and the sexual harassment of employees or students, and will not tolerate sexual assault, sexual misconduct, and other sexually inappropriate behavior. Such conduct is contrary to the values of Lebanon Valley College, violates the Student Conduct Code, and is a violation of College policy applicable to faculty, administration, and staff.

Policy Definitions

Sexual Misconduct
Sexual misconduct, including sexual assault, is defined as deliberate contact of a sexual nature without the other person’s consent and/or arising out of or related to a current or past relationship or desired relationship without the other person’s consent.

Violations of this policy include, but are not limited to:
a) Dating Violence—The term “dating violence” means violence committed by a person—
(1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(2) where the existence of such a relationship shall be determined based on a consideration of the following factors:
(i) The length of the relationship
(ii) The type of relationship
(iii)The frequency of interaction between the persons involved in the relationship

b) Domestic Violence—The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Pennsylvania, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Pennsylvania.

c) Indecent Exposure—Disrobing or exposure of one’s self or another person that occurs in a public area

d) Non-consensual Intercourse—Non-consensual intercourse is any sexual intercourse (anal, oral, or vaginal), with any object, by a man or woman upon another person without consent. It is defined as engaging in sexual intercourse (oral, anal, or vaginal) with another person without that person’s consent and/or cognizance. Non-consensual intercourse may be accomplished by expressly or implicitly forcing or coercing another person to have sexual intercourse against his/her will, including the use or threat of physical force, or any behavior that is designed to intimidate and induce fear in another person. Non-consensual intercourse can also occur when another person is under the influence of alcohol or other drugs, is undergoing physical or emotional trauma, is less than 17 years of age, or is otherwise incapable of denying or giving consent (for example, when an individual is in an unconscious or semi-conscious state). Consent cannot be given by an intoxicated, sleeping, or unconscious person. Silence or non-communication should not be interpreted as effective consent.

e) Non-consensual Sexual Contact—Non-consensual sexual contact is any sexual touching, with any object, by a man or a woman upon another person without consent or making any person touch you or them in a sexual manner. It is defined as engaging in any sexual contact other than intercourse with another person without that person’s consent and/or cognizance. Sexual misconduct is any non-consensual sexual contact, including any improper touching of intimate body parts. Sexual misconduct is the unwanted removal of another’s clothing, indecent contact (i.e., the unwanted touching of intimate body parts including, but not limited to, genitals, buttocks, groin, or breasts), or causing another to have indecent contact with them. It is important to note that it is illegal and a violation of College policy to administer alcohol and/or any other drug for the purpose of preventing resistance and/or inducing a mental state where the individual is incapable of appraising the nature of his/ her conduct. Consent cannot be given by an intoxicated, sleeping, or unconscious person. Silence or non-communication should not be interpreted as effective consent.

f) Sexual Exploitation—Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: non-consensual video or audio-taping of sexual activity; voyeurism; prostitution of self or others.

g) Sexual Abuse of Minors—Sexual abuse of minors means involving a minor in sexual intercourse, masturbation, sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals, or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction. It includes, but is not limited to, any sexual touching, with any object, upon a minor or requiring a minor to touch you or himself/herself in a sexual manner. It includes, but is not limited to, any sexual contact with a minor, including any improper touching of the minor’s intimate body parts or requiring a minor to touch you. Sexual abuse of children also includes any act of knowingly photographing, videotaping, depicting on computer or films a minor engaging in any of the acts referred to above or in the simulation of such an act.

h) Stalking—the term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
(i) fear for his or her safety or the safety of others; or
(ii) suffer substantial emotional distress.

Consent
Under this policy, consent is informed, freely and actively given, using mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not effective if it results from the use of physical or perceived physical force, if there is intimidation or coercion, or if the recipient party is incapacitated. The burden of obtaining consent is on the party seeking to initiate a sexual encounter. Silence or non-communication, in and of themselves, cannot be interpreted as consent.

Coercion
Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates the norms of the community, such that the application of pressure or oppression causes another individual to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors such as isolation, and the initiator’s knowledge that the pressure is unwanted.

1. submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or is made either explicitly or implicitly a term or condition of the student’s education or academic success;

2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals or for academic decisions affecting the student; or

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment or unreasonably interfering with the student’s academic performance or creating an intimidating, hostile, or offensive academic environment.

Examples of sexually harassing behavior may include, but are not limited to, the following:

unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s employment or academic status;

unwelcome behavior or communications (verbal or written) directed at an individual because of gender;

the use of authority to emphasize the sexuality of a student in a manner that prevents or impairs the student’s full enjoyment of academic benefits, institutional climate, or educational opportunities;

unwelcome sexually suggestive or obscene letters or notes;

sexual rumors or name calling;

unwelcome comments about one's body or physical characteristics;

unwelcome salacious jokes or stories or dehumanizing graffiti;

unwelcome displays of suggestive pictures, cartoons or objects;

assault or attempted assault that is gender-based.

bullying, stalking, cyber-bullying

Sexual harassment often takes place between persons of unequal power status. Faculty, administrators, and others who teach or supervise students (including, but not limited to, advisors, counselors, residential life staff members, and coaches) as well as all those who supervise or otherwise hold positions of authority over students, employees, or others should understand the fundamentally asymmetrical nature of the relationship that person has with students or subordinates.

However, sexual harassment can take many forms beyond what is obvious and can also occur between equals, i.e., student to student, staff to staff, etc. Sexual harassment can also occur between third parties and College employees and/or students. In certain circumstances, sexual harassment can also take place between people of the same gender.

Policy Prohibiting Other Unlawful Discrimination and Harassment
Discrimination and harassment based on race, color, national origin, ancestry, religion/creed, pregnancy, sexual orientation, gender identity or expression, age, disability, genetic information, or veteran status or any other protected trait or characteristic is also prohibited under Lebanon Valley College policy. Conduct based on these bases/traits/characteristics constitutes harassment under this Policy when:

The harassing conduct is sufficiently severe, persistent, or pervasive that it affects the terms and conditions of employment, or affects a student’s ability to participate in or benefit from an academic program or activity, or creates an intimidating, threatening, or abusive work or educational environment due to an individual’s protected characteristic;

The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or

Examples of harassing behavior on the basis of race, color, national origin, ancestry, religion/ creed, sex, pregnancy, sexual orientation, or gender identity or expression, age, disability, genetic information, or veteran status, or any other protected trait include, but are not limited to, the following:

intimidation and implied or overt threats of physical violence motivated by any of these protected characteristics;

physical acts of aggression or assault upon another and/or damage to an individual’s property that is motivated by that person’s race, color, national origin, ancestry, religion/ creed, sex, pregnancy, sexual orientation, gender identity or expression, age, disability, genetic information, or veteran status, or any other protected trait;

graffiti and/or slogans or visual displays such as cartoons or posters depicting slurs or derogatory sentiments based upon race, color, national origin, ancestry, religion/creed, sex, pregnancy, sexual orientation, or gender identity or expression, age, disability, genetic information, or veteran status, or any other protected trait (depending upon circumstances and context);

criminal offenses directed at persons because of their race, color, national origin, ancestry, religion/creed, sex, pregnancy, sexual orientation, or gender identity or expression, age, disability, genetic information, or veteran status, or any other protected trait.

bullying, stalking, cyber-bullying

Reporting, Investigation, and Resolution of Discrimination, Harassment, and Sexual
Misconduct Complaints by Students

All complaints by students against other students or by students against third parties will be reported and promptly, thoroughly, and impartially investigated in accordance with the provisions of the Student Conduct Code as set forth below. Complaints by students against members of the College faculty, administration, or staff will be promptly, thoroughly, and impartially investigated. Unless otherwise directed by the Title IX Coordinator, such investigations will be conducted jointly by the Human Resources Office and the Associate Dean of Student Affairs.

In determining whether alleged conduct constitutes a violation of College policy, Lebanon Valley College will consider all relevant information and circumstances. If a policy violation is found to have occurred, immediate and appropriate action will be taken to stop the violation, prevent its recurrence, and remedy its effects on those impacted.

The College takes incidents of sexual misconduct and/or sexual harassment very seriously and encourages students to report all incidents. Students are free to report violations of this policy to the vice president of student affairs and dean of students, the associate dean of student affairs, residential life, or public safety staff members regardless of whether or not they choose to file a formal on campus complaint or press formal charges with law enforcement.

On Campus Resources for Reporting an Incident
Incidents should be reported to one of the following offices:

Vice President of Student Affairs and Dean of Students: ext. 6233, 717-867-6238

Associate Dean of Student Affairs: ext. 6233, 717-867-6863

Residential Life: ext. 6230, 717-867-6230

Public Safety: ext. 6111, 717-867-6111

Off Campus Resources

Annville Township Police Department: 717-867-2711

Sexual Assault Resource and Counseling Center: 717-272-5308

Good Samaritan Hospital: 717-270-7500

Hershey Medical Center: 717-531-8521

In the immediate aftermath of sexual misconduct such as sexual assault or rape, medical care and the collection of physical evidence are very important. The individual should not shower, bathe, or change clothes and may be taken to the hospital emergency room or health services (717-867-6232, 9 a.m.–6 p.m., Monday–Friday) as soon as possible.

College staff will treat each situation with sensitivity and, to the extent reasonably possible, confidentiality. In order for the College staff to respond effectively to an incident, it should be reported as soon as possible. The College reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct and/or sexual harassment in order to protect students’ rights and personal safety. Such measures include, but are not limited to, modification of living arrangements/class schedules, interim suspension from campus pending a hearing, and reporting to the local police. Prosecution by the criminal justice authorities is not a requirement for the on-campus judicial/student conduct process to be initiated.

As a result of the initial discussions between the complainant and appropriate College official, the College will conduct a prompt and thorough investigation into the matter, and will take any reasonable steps that it deems appropriate to remedy the situation. This investigation will take place regardless of whether the complainant chooses to file a formal written complaint. The College will attempt to honor a complainant’s request for anonymity, unless an effective investigation cannot be conducted without disclosure of the complainant’s identity. In any event, the College will make reasonable efforts to protect the complainant’s right to be free from any retaliation in the classroom or anywhere on campus for having made a complaint.

For those students who are unsure about their options and would like to explore them confidentially, they should contact staff in health and counseling services. Students may decide to make a formal complaint after meeting with one of the staff members in these areas. Discussing the situation with counseling services, health center staff, and the Chaplain does not constitute making a report as these professionals are bound by confidentiality.

The College encourages sexual misconduct and/or sexual harassment complainants to report violations of this policy to College officials, but recognizes that some complainants are hesitant to report to College officials because they fear that they themselves may be suspected of having violated College policy, such as underage drinking at the time of the incident. It is in the best interests of our community that as many complainants as possible choose to report to College officials. To encourage reporting, the College pursues a policy of offering alleged complainants amnesty from policy violations related to the incident.

If, after the initial discussions, the complainant decides to file a formal complaint, the associate dean of student affairs will instruct the complainant regarding the process for preparing a written statement.

Some violations of this policy may also be a crime. In particular, sexual misconduct such as sexual assault is a criminal offense as well as a violation of this policy and both criminal and College charges may arise from an alleged incident. The College’s judicial/student conduct process is separate and distinct from the criminal process and is only making a determination regarding violation of this policy. Individuals who believe that they have been sexually assaulted are urged to contact the Annville Police Department and to preserve any evidence that may be necessary for proving the crime. A public safety officer or student affairs staff member can assist in the reporting process to the Annville Township Police Department. The College strongly encourages students to work with the Annville Township Police Department, and will work with the local authorities to facilitate a timely investigative process. The College’s judicial/student conduct process may proceed regardless of the status of the criminal justice process. The College may investigate and adjudicate reports of sexual misconduct without the permission or participation of the parties involved.

Support Services
Students seeking support services due to alleged sexual misconduct, including sexual assault, rape, and sexual harassment are encouraged to report the incident. There are resources both on campus and in the Lebanon County community to assist alleged complainants.

Confidential On Campus Resources

Health Services: 717-867-6232

Counseling Services: 717-867-6696

Chaplain: 717-867-6135

Confidential Off Campus Resources

Sexual Assault Resource and Counseling Center (717-272-5308) is available to all students.

Talking to a counselor does not constitute reporting the incident; however, the counselor can help a student to report the incident if he/she chooses to do so. Talking to a counselor and/or reporting the incident can be initiated at any time. It does not have to be immediate and it does not depend on the collection of physical evidence. Members of the health and counseling services staff and the chaplain are confidential resources and do not investigate incidents. They do not make identifiable reports of incidents to College staff unless the student requests them to do so. Faculty, staff, and administrators outside of these three areas are not confidential resources. If a student discusses the incident with a College staff member or a faculty member (with the exception of therapists from counseling services, health services personnel, and the chaplain) the staff member or faculty member must contact student affairs or public safety staff to file a report or an Anonymous Report of Sexual Misconduct as required by the Clery Act.

Campus and Community Confidential Support Services
The decision of whether or not to report a case of sexual misconduct, sexual harassment, or sexually inappropriate behavior can be a difficult one, especially in the immediate aftermath of the incident. Talking with a trained counselor can be extremely helpful in dealing with the emotional trauma and in arriving at a decision about whether or not to report the incident. The counseling staff at Lebanon Valley College is available to help. All information will be held in strict confidence except as otherwise permitted by law.

Victim Advocacy Program
Lebanon Valley College has trained advocates who have been selected from our own faculty and staff. The purpose of providing an advocate to the complainant of sexual misconduct/assault is to offer support during a time or great stress. She/he may not fully be aware of what her/his options are based on her/his compromised position after the alleged misconduct/assault. The advocate can accompany the student throughout any part of the College process. A student-chosen advocate may offer support with regard to the emotional, medical, and legal ramifications after alleged sexual misconduct/assault on campus. The following individuals serve as LVC Victim Advocates:

Inquiries concerning the application of anti-discrimination laws may be referred to the Title IX Coordinator or Deputy Coordinators identified above or to the Office for Civil Rights, United States Department of Education. Visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the U.S. Department of Education office that serves your area, or call 1-800-421-3481.

Investigation (Faculty, Administration, and Staff Respondents)
All reports/complaints will be taken seriously. The Title IX Coordinator will ensure that all reports/complaints are promptly, thoroughly, and impartially investigated. Unless otherwise directed by the Title IX Coordinator, all investigations will be conducted by the Human Resources Office, which may involve other offices, as appropriate. The investigator(s) will inform the Respondent about the College’s policy regarding such behavior, and advise the Respondent that retaliation is prohibited. In determining whether alleged conduct constitutes a violation of this policy, Lebanon Valley College will consider all relevant information and circumstances. Confidentiality will be maintained throughout the investigation to the extent practical and consistent with the College’s need to undertake a full and impartial investigation.

Absent exceptional circumstances, the investigation shall be completed and a written report submitted in a prompt manner. That report will be submitted to the vice president overseeing the Respondent.

a. Confidentiality. Confidentiality will be maintained throughout the investigation process to the extent practical and consistent with the College’s need to undertake a full and impartial investigation. College personnel shall refrain from disclosing any information in connection with student behavior or discipline in a manner that would tend to result in the identification of individual students. Nothing in this section shall prevent the disclosure of such information under circumstances required by law. Confidential records of complaints will be maintained by the Title IX Coordinator. Such records may be discoverable in a court of law (i.e., records may be subpoenaed or otherwise subject to discovery or court order).

b. No Retaliation. Not only College policy but also federal and state anti-discrimination laws prohibit retaliation against anyone involved (complainant, respondent, witness, etc.) in the investigation of a claim of harassment and/or discrimination. The College prohibits retaliation against any person who reports alleged sexual or other unlawful harassment and/or discrimination or who testifies, assists, cooperates, or participates in an investigation or other proceeding related to making a sexual or other unlawful harassment and/or discrimination complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

Investigation (Student Respondents)
All reports/complaints will be taken seriously. The Title IX Coordinator will ensure that all reports/complaints are promptly, thoroughly, and impartially investigated. Unless otherwise directed by the Title IX Coordinator, all investigations will be conducted by the Office of Student Affairs, which may involve other offices, as appropriate. The investigator(s) will inform the Respondent about the College’s policy regarding such behavior, and advise the Respondent that retaliation is prohibited. In determining whether alleged conduct constitutes a violation of this policy, Lebanon Valley College will consider all relevant information and circumstances. Confidentiality will be maintained throughout the investigation to the extent practical and consistent with the College’s need to undertake a full and impartial investigation.

Absent exceptional circumstances, the investigation shall be completed and a written report submitted in a prompt manner. That report will be submitted to the vice president of student affairs and dean of students or his/her designee.

a. Confidentiality. Confidentiality will be maintained throughout the investigation process to the extent practical and consistent with the College’s need to undertake a full and impartial investigation. College personnel shall refrain from disclosing any information in connection with student behavior or discipline in a manner that would tend to result in the identification of individual students. Nothing in this section shall prevent the disclosure of such information under circumstances required by law. Confidential records of complaints will be maintained by the Title IX Coordinator. Such records may be discoverable in a court of law (i.e., records may be subpoenaed or otherwise subject to discovery or court order).

b. No Retaliation. Not only College policy but also federal and state anti-discrimination laws prohibit retaliation against anyone involved (complainant, respondent, witness, etc.) in the investigation of a claim of harassment and/or discrimination. The College prohibits retaliation against any person who reports alleged sexual or other unlawful harassment and/or discrimination or who testifies, assists, cooperates, or participates in an investigation or other proceeding related to making a sexual or other unlawful harassment and/or discrimination complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

Reporting Child Abuse and Emergencies
When the victim of sexual misconduct is a minor or some other person unable to give consent, it is called sexual abuse. If you have suspicion of sexual abuse or any form of child abuse at LVC, you should report it to your supervisor, department chair, and/or the Title IX coordinator or any of the deputy coordinators. If you are a supervisor or department chair who receives a report of suspected sexual or other child abuse, you must immediately inform one of the offices below. Such reports will be dealt with promptly, and confidentiality will be maintained to the greatest extent possible.

LVC Public Safety (24 hours): 717-867-6111

LVC Student Affairs: 717-867-6233

LVC Human Resources: 717-867-6415

If you witness or otherwise have direct knowledge of an incident of sexual or other child abuse at LVC, you should report it to your supervisor or department chair, and/or the Title IX coordinator or any of the deputy coordinators and to one of the offices above and, in addition, to local law enforcement authorities (see phone number below). You should take action to safeguard the victim if circumstances allow.

Annville Police Department: 717-867-2711

In an Emergency, call 911

If you, or another individual, are in need of immediate assistance, please call the Public Safety Office (PSO) at 717-867-6111 and/or the Annville Police Department at 717-867-2711 or by calling 911. You should call PSO and/or the Annville Police Department in the following circumstances:

Filing a Formal Complaint
Students wishing to bring a complaint of sexual misconduct, sexual harassment, or sexually inappropriate behavior should contact the vice president of student affairs and dean of students, associate dean of student affairs, residential life staff, or public safety staff. The staff in each of these areas has reporting authority and will initiate the College’s investigative process into an incident. This will include notification to public safety and in some cases the Annville Township Police Department. A College official will apprise the student of the College’s policies and procedures in such cases, the rights of both parties, and the possible outcomes. The College official or his/her designee will request that the student complete a formal written statement.

Once a formal complaint has been filed, the alleged respondent named in the complaint will be contacted and the alleged respondent will be provided with access to the formal written statement. Every reasonable effort will be made to protect the confidentiality of all parties involved. The College official will appraise the alleged respondent of the College’s policies and procedures in such cases, the rights of both parties, and the possible outcomes.
Investigations will be conducted by the associate dean of student affairs or other investigator designated by the associate dean of student affairs. Investigation by the College will begin promptly. As stated in the introduction, all reasonable efforts will be made to keep information private during the College’s investigation and adjudication of a complaint

The investigation will generally include an interview with the complainant, respondent, and anyone else deemed by the associate dean of student affairs as having important information related to the incident. The complainant and respondent are permitted to have an advisor present during this interview(s) as well as during any meetings during the adjudication of charges. An advisor must be a faculty, administrative, staff, or student member of the College community. The role of an advisor is to support the complainant and the respondent throughout the process, but the advisor may not represent the respondent or complainant. The student and advisor may speak quietly to one another or request a short break in order to speak.

Students charged with violating this policy may be subject to an Interim Suspension or other temporary adjustments to living arrangements, class schedule, etc. until the complaint is resolved. These actions are not a presumption of responsibility for violation of this policy. Please see the Interim Suspension policy for more information.
Adjudication of the Policy on Sexual Misconduct, Sexual Harassment, and Sexually Inappropriate Behavior complaints will be conducted by the associate dean of student affairs or her/his designee or a Campus Judicial Board. The standard of proof will be the preponderance of the information standard.

Written charges will be presented to the respondent indicating the potential elements of this policy that may have been violated. The respondent will be asked to provide a written statement related to the charges.
The associate dean of student affairs or his/her designee or a Campus Judicial Board will determine by the preponderance of the information if a violation of the Policy on Sexual Misconduct, Sexual Harassment, and Sexually Inappropriate Behavior occurred and, if so, also determine any necessary judicial/student conduct action.

Resolving the Complaint
The judicial/student conduct body will resolve the case as promptly and equitably as possible using the preponderance of the information as the standard of proof in order to determine whether or not the respondent has violated Lebanon Valley College’s Policy on Sexual Misconduct, Sexual Harassment, and Sexually Inappropriate Behavior as described in this document. The judicial/ student conduct body will make every reasonable effort to resolve the complaint of this policy in such a way as to ensure that the rights of both parties are carefully protected. All proceedings before the judicial/student conduct body are closed to the public. The hearing conducted by the judicial/ student conduct body will be recorded on audiotape and that tape will be made available to those College officials responsible for the sanctions and the appeal process. The tape will not be published or released to anyone unless deemed necessary by the College in the context of legal proceedings.

A student has the option of initiating charges through the on-campus judicial/student conduct system and/or the court system. No action of the College shall be construed to limit the complainant’s right to initiate civil and/or criminal proceedings against the alleged perpetrator in a Commonwealth court. Also, in the event that the student decides to pursue redress through the College judicial/student conduct process, such action will occur regardless of the intent to pursue or the outcome of any Commonwealth action.

If charges are filed with both Lebanon Valley College and the Commonwealth Court system, the adjudication processes will remain separate and distinct. The College’s adjudication of charges will proceed regardless of the criminal justice process. After consulting with College staff or agencies listed above, a complainant may decide to file charges with the Annville Township Police Department and/or to file a formal complaint with the appropriate Lebanon Valley College official.

Complainant and Respondent Initiated Resolution
In some cases the complainant or the respondent may request that the parties attempt to reach an informal resolution of a complaint rather than proceeding with formal judicial/student conduct proceedings. If both the complainant and the respondent request to participate in this process, the associate dean of student affairs or his/her designee will meet with both parties (separately or together, as appropriate) and attempt to facilitate an appropriate resolution to the matter. If the complainant or the respondent withdraws his/her consent to participate in this process before the process is concluded, if the parties cannot agree upon an appropriate resolution (including, without limitation, any sanctions to be imposed), or if the associate dean of student affairs or his/her designee determines that the resolution agreed upon by the parties is not in the best interests of the College, its students and/or other members of the campus community, the case will be referred to a judicial/student conduct body. In some cases, a mediated resolution may not be appropriate even if the complainant and respondent are willing to resolve in mutual ways.

Individual Rights
During a hearing, the complainant and the respondent are afforded the following rights:

The right to remain silent

The right to make his/her statement without being in the presence of the respondent/complaint

The right not to have his /her past sexual history with persons other than the respondent/complaint discussed during the hearing

The right to report his/her account of the incident and to call witness to testify

The right to have access to health and counseling services

The right to request/select a member of the campus community to serve as a support/advisor throughout the process

The right to be free from intimidation

The right to have access to written reports for review prior to the hearing

The right to have a “Victim Impact Statement” which is an oral or written statement

The right to be informed of the judicial/student conduct decision as soon as possible

The right to appeal

Hearing procedures and guidelines are detailed within this Student Handbook.

Sanctions
Sexual Misconduct, Sexual Harassment, and Sexually Inappropriate Behavior such as sexual assault and rape are major violations of the Student Conduct Code. A student found responsible for violating this policy may be assigned sanctions that include, but are not limited to, disciplinary probation, residence reassignment, no-contact directive, College suspension or College expulsion. Not all forms of violations of this policy will be deemed to be equally serious offenses, and the College reserves the right to impose differing sanctions, ranging from verbal warning to dismissal, depending on the severity of the offense. The College will consider the concerns and rights of both the complainant and the respondent of violations of this policy when making determinations. Only after a student has been found responsible will previous student conduct history be considered.

The judicial/student conduct body will communicate in writing to the complainant and the respondent, the decision regarding any College policies determined to have been violated as well as a description of any sanctions to be imposed.

Sexual assault and rape are criminal acts, which also subjects the alleged offender to prosecution under Pennsylvania criminal statutes.

Appeal Process (Sexual Misconduct, Sexual Harassment, and Sexually Inappropriate Behavior)
Appeals of this policy will be heard by the vice president of student affairs and dean of students or his/her designee. If the vice president of student affairs and dean of students has been actively involved in the initial adjudication, the president and/or his or her designee will serve as the final appeal.

Reasons for Appeal
Both the respondent or complainant may appeal a decision in a case for the following reasons
(severity of sanctions, due process, or new information):

To determine whether the sanction(s) imposed were appropriate for the violation of policy for which the student was found responsible;

To determine presence of any procedural error which substantially affected the outcome of the case;

To determine if new information is discovered which was not available at the time of the investigative process and could have affected the outcome of the case.

Process for the Appeal
A student (complainant or respondent) wishing to appeal should submit their written appeal stating the reasons for such a request to the vice president of student affairs and dean of students or his/her designee within five (5) days of receipt of the original decision. Appeals are due by 4:30 p.m. on the fifth business day following the original decision. If the respondent appeals, the complainant will be informed that an appeal has been submitted; if the complainant appeals, the respondent will be informed that an appeal has been submitted.

The decision of the appeal by the vice president of student affairs and dean of students or his/her designee is final. The respondent/ complainant is entitled to only one appeal.

If the vice president of student affairs and dean of students or his/her designee becomes so involved in the investigation or adjudication of a case such that he/she feels his/her impartiality may be compromised, he/she may defer appellate responsibilities for the case in question to the president of the College or his/her designee.

Determination and Sanctions for Faculty, Administration, and Staff Respondents
The vice president overseeing the Respondent will review the report of the investigation and will make a determination, using a preponderance of the information standard, as to whether College policy has been violated and, if appropriate, what disciplinary action is to be administered. In making this determination, the vice president may consider past violations and sanctions against the Respondent and/or other similarly situated persons. If harassment or other violation is found to have occurred, immediate and appropriate action will be taken to stop the harassment or other violation, prevent its recurrence, and correct its effects. Both the Complainant and the Respondent will be informed as to whether it has been determined that a policy has been violated, and if so, what sanction has been levied.

Appeal
a. Purpose and Grounds.
This Appeal Procedure exists as a means to contest a determination that has been made regarding an alleged violation of the foregoing policies. There are three grounds for Appeal:

The Complainant or the Respondent believes that the discipline/sanction imposed was inappropriate for the violation of policy for which he or she was found responsible;

An error occurred during the investigative stage preventing either the Complainant and/or the Respondent a reasonable opportunity to prepare and present information to the investigator(s); or

There is a discovery of new information that was not available at the time of the investigative process and could have affected the outcome of the matter.

b. Composition of the College Appeal Committee.
Under this policy, the members of the Steering Committee of the Faculty and other individuals designated by the Title IX coordinator shall constitute the College Appeal Committee. The Title IX coordinator shall annually appoint a chair of the College Appeal Committee.

The College Appeal Committee shall meet at least once per semester for training and discussion purposes, and the Hearing Panel discussed below will be composed of members of the College Appeal Committee.
As set forth below, the chair may serve as one of the three voting members of an appeal hearing panel.

c. Appeal Process.

Either party may appeal (the “Appellant”) the Determination and/or Sanctions by providing a written appeal within ten (10) business days of being notified of the determination/sanction, to: (1) the Human Resources Office, (2) the Associate Dean of Academic Affairs, or (3) the Associate Dean of Student Affairs. The Appellant must identify which of the three grounds (or combination of the three grounds), set forth in 5.a. above, he or she seeks to have addressed. The Appellant must also outline the specifics and details of his or her Appeal in this written document.

Upon receiving the written Appeal, the Human Resources Office, the associate dean of academic affairs, or the associate dean of student affairs shall forward the Appeal to the chair of the College Appeal Committee. From the College Appeal Committee members, the chair will select a hearing panel of three members (the chair may or may not include himself/herself). If a student is a party to the Appeal, the student may request of the chair of the College Appeal Committee that the hearing panel include one student appointed by the vice president of student affairs and dean of students. The chair will endeavor to have male and female representation on the hearing panel. If the chair is not a member of the hearing panel, he/she shall remain available to the panel for process and procedural questions.

The hearing panel will meet to review the written Appeal (including all the underlying documentation, as applicable) within the context of the three (3) grounds for appeal set forth in 5.a. above. The hearing panel, by a majority vote, may decide on the basis of the written documentation that the Appeal does not satisfy at least one of the three grounds for an Appeal. In such cases, the hearing panel will promptly forward its written decision to the chair of the College Appeal Committee.
¦ The chair shall then inform the Appellant and the office that received the Appeal of the decision of the hearing panel.
¦ This decision of the Hearing Panel is final and no further Appeal is permitted.

If and only if the hearing panel decides that one or more of the three grounds for an Appeal are met, the chair, at the request of the hearing panel, will promptly schedule a hearing and the chair will also inform any other party to the Appeal of the existence of the Appeal and the grounds therefore. The hearing will not revisit the entire matter, but will be limited to addressing the ground(s) for the Appeal that the hearing panel has accepted as satisfying one or more of the three enumerated grounds for appeal. At this hearing, the burden of proof will be on the Appellant to establish the foundation for the Appeal using a preponderance of the evidence information standard. The hearing will be a closed meeting, including only those persons whom the hearing panel deems necessary to address the grounds for the Appeal. Witnesses will be present only when their testimony is being taken. There shall be no recording or transcription of the hearing or the deliberations of the hearing panel.

The Appellant may have an advisor present. The Appellant may choose any current faculty member, administrator, support staff member, or student who is not directly involved in the case to serve as his/her advisor. The role of an advisor is to support the Appellant, but the advisor may not represent the Appellant during the hearing. The Appellant may speak quietly with his or her advisor or request a short break in order to speak. There will not be attorneys present for the parties.

If the other party to the original matter (the non-appealing complainant or respondent; also referred to as the “Appellee”) appears before the hearing panel, he/she is entitled to have an advisor present as set forth above.

The hearing panel will make a recommendation concerning the Appeal based on a majority vote. The hearing panel has no restrictions on it as to what it may recommend: from a finding that the Appeal is not established and thereby rejecting it, to a finding that the original determination was incorrect, to a different sanction, to further investigation. The hearing panel shall promptly place its recommendation in writing and provide it to the chair of the College Appeal Committee.
¦ Promptly after receipt of the written recommendation of the Hearing Panel, the chair of the College Appeal Committee will provide the president of the College with the panel’s recommendation. If the president is the complainant or the respondent in the original matter, the chair will advise the Board of Trustees (through its chair) of the hearing panel’s recommendation instead of the president.

The president (or the Board of Trustees in accordance with paragraph 7.a. above), will review promptly the recommendation of the hearing panel. The president (or the Board of Trustees in accordance with paragraph 7.a. above) is not bound by the recommendation of the hearing panel. The president (or the Board of Trustees in accordance with paragraph 7.a. above) will determine the resolution of the Appeal, including the sanction, if any. This decision is final.

The Appeal and other processes set forth above are the only processes available to an employee (including a faculty member) accused of violation(s) of the “Policy Prohibiting Employee and Student Gender Discrimination, Sexual Misconduct, Sexual Harassment, and Sexually Inappropriate Behavior” and/or the “Policy Prohibiting Other Unlawful Discrimination and Harassment.” Faculty members are advised that none of the following are applicable in such cases: the Grievance Procedures, the Student-Faculty Grievance Procedure, and the Termination for Cause provisions of the Faculty Policies Manual.

Policy and Guidelines on Public Expression ActivitiesI. Policy Regarding Public Expression ActivitiesFreedom of Public Expression
Lebanon Valley College is committed to providing an environment where issues can be publicly discussed and explored. The freedom to exchange views publicly is essential to the life of the College. In order to provide an atmosphere in which open communication can occur without disrupting the academic mission or the daily functions of the College, the College is introducing this policy which shall govern all forms of public expression activity including campus meetings and forums, public demonstrations, public speeches, and the distribution and/ or posting of written materials carried out in connection with these activities.

Lebanon Valley College affords all members of the College community (defined as currently enrolled students, currently employed members of the faculty, administration, and staff, and officially recognized student, faculty, administrative, or staff organizations) substantial privileges with respect to freedom of speech and expression. The College encourages a balanced approach in all communications and the inclusion of contrary points of view. This freedom, however, is subject to reasonable restrictions of time, place, and manner so that the activities do not intrude on or interfere with the academic mission and daily functions of the College, or with other rights of members of the College community as defined under College policy.

Note that these policies and guidelines refer to public—out-of-class—activities, not to the conduct of classes themselves or to other normal course-related academic activities where standards are determined by faculty practice and authority.

Basic Principles of Free Expression
Anyone choosing to engage in any form of public expression at the College must adhere to and observe these basic principles of freedom of expression:

Groups or individuals engaged in public expression activities must take upon themselves the responsibility for seeing that reasonable order and decorum are maintained in their activities.

Public expression activities cannot be unlawful and must not violate or conflict with local, state, or federal laws. Such activities must not violate the College’s Harassment Policy or any other College policy.]

Public expression activities cannot jeopardize public or individual safety.

The public expression of views and opinions cannot prevent, impede, unduly obstruct, disturb, or interfere with the following:
• Regular academic activities conducted in classrooms, laboratories, study facilities, libraries, or other facilities
• Regular business activities of the College
• The regular functioning of the College’s residence hall communities
• Pedestrian or vehicular traffic

In accordance with the free traditions of the College community, audiences shall be allowed to ask questions of speakers unless considerations of time, format, or the like indicate otherwise.

The speaker’s ability to speak and the audience’s right to see and to hear a speaker may not be unreasonably impeded.

It is assumed that all events will be open to those wishing to attend unless publicity indicates that the event is for members only.

Non-members of the College community are not permitted to be actively involved as speakers, presenters, entertainers, etc. in public expression activities on College property (except as members of the audience at events open to the public) unless they are invited and sponsored by an academic/administrative department or a recognized student or faculty organization.

II. Guidelines for Public Expression Activity on Campus
To clarify expected behaviors for public expression activity, the College offers the following definitions and guidelines for such activity:

Examples of “Public Expression Activities”
Public expression activities include the following: assemblies, demonstrations, debates, forums, rallies, protests, picketing, public speeches, sit-ins, etc. that are held on College property and that are open to the general campus community.

Definition of “Members” and “Non-Members” of the College Community
Currently enrolled students, currently employed members of the faculty, administration, and staff, and officially recognized student, faculty, administrative, or staff organizations are understood to be “members of the College community” as used in this policy and these guidelines. In addition to individuals who do not belong to any of these identified groups, groups or organizations that include one or more persons who are not members of the College community as active participants in the planned speech/demonstration are considered “non-members of the College community.”

Definition of “Sponsor”
A sponsor is a recognized student or faculty organization or an academic or administrative department that invites a non-member of the College community to speak or demonstrate on campus. Individual members of the College community can serve as sponsors only through the support of their department or recognized organization.

Responsibilities of a Sponsor
The sponsor must agree to take on the following responsibilities for the on-campus activities of a non-College individual, group, or organization:

The sponsor is responsible for assuring that the activities of the sponsored individual or group are carried out in accordance with the expectations delineated in the College Policy on Freedom of Public Expression and these Guidelines.

The sponsor must be clearly identified in all publicity materials, and at the beginning of the event itself.

If the College determines that additional security measures are necessary to assure compliance with the Policy on Freedom of Public Expression, the sponsor must agree to such additional security and shall be responsible for the cost of these additional security measures.

Notice of Time of Public Expression
Public expression activities must be conducted at times such that they do not create a disruption of College work. Members of the College community engaging in public expression activities are encouraged to give prior notice of their plans to the vice president of academic affairs and dean of the faculty and vice president of student affairs and dean of students or their designees at least 24 business hours prior to the event. This prior notice will help assure that the policy and guidelines are followed.

In the case of public expression activities by individuals or groups that are not members of the College community, the sponsor of public expression activities by non-members of the College community must give prior notice of its plans to the vice president of academic affairs and dean of the faculty and vice president of student affairs and dean of students or their designees at least 48 working hours prior to the event. This prior notice will help assure that this policy and these guidelines are followed.

Location/Place of Public Expression Activities
The College reserves the right to designate the location of public expression activities both by members and non-members of the College community. The College may specify an area as being especially suitable for such activities such as the plaza of the Yuhas Commons as an example of a location that meets the basic requirements of the principles described in this policy and in these guidelines. Groups may be encouraged to consider the plaza of the Yuhas Commons as a primary location for public expression activities on campus. The College also reserves the right to relocate or suspend any assembly that becomes disruptive to the normal operations of the College or that violates College policy.

Manner of Public Expression on Campus

Principles of Free Expression: The Principles of Free Expression as set forth in the College’s Policy on Freedom of Public Expression must be followed.

College/Personal Property: Damage or destruction of property is prohibited.

Signs: Illuminated signs and flashing lights may not be used. Hand-held signs are permitted, but they may not be placed on or affixed to the ground or structures.

Amplification Equipment: The College reserves the right to restrict the use of amplification equipment in association with any public expression activity. The use of amplification must be approved by the College in advance of the activity, and can be prohibited altogether.

Structures: The placing or erecting of structures of any size or material is prohibited.

Pamphlets: Papers, pamphlets, and similar materials may be distributed in person by members of the College community or by sponsored non-members of the College community.

The Public Distribution and Posting of Written Materials
Members of the College community are permitted to publicly distribute written materials in accordance with the Policy and Guidelines on Freedom of Public Expression.

Non-members of the College community are not permitted to publicly distribute written materials on College property unless they are invited and sponsored by an academic or administrative department or a recognized student or faculty organization.

General Prohibition: Except as permitted herein, no poster, notice, handbill, or any other form of announcement or statement may be placed on, attached to, or written on any structure or natural feature of the campus such as the sides of doors or buildings, windows, the surface of walkways or roads, fountains, posts, waste receptacles, or trees.

No Other Locations: No postings may be made in any location other than those designated in these guidelines without prior approval from the vice president of students affairs and dean of students.

Identification: Any postings must clearly and prominently identify the organization/individual responsible for the posting.

Time period for posting: All postings must be dated. The College may remove any out of date postings.

Chalking: Chalking is permitted on sidewalks and plazas. It is not permitted on buildings or on any brick surfaces.

Failure to comply with these guidelines: May result in removal of the posting in question.

III. Violation of Policy and Guidelines
The vice president of academic affairs and dean of the faculty and vice president of student affairs and dean of students or their designees will be responsible for administering this policy and the related guidelines. The vice president of academic affairs and dean of the faculty will, in general, oversee this policy with respect to faculty and administrators; the vice president of student affairs and dean of students will, in general, oversee this policy with respect to students. Violations of this policy and the related guidelines are subject to disciplinary sanctions. Violations will be resolved through the disciplinary process as set forth in the applicable guidelines regarding employees (faculty and administration) and students. Non-members of the College community acting in violation of this policy and/or the related guidelines will be required to leave campus and may be referred to the Annville Township Police Department in the event of violations of civil or criminal code.

College Policy on Alcohol
The College seeks to encourage and sustain an academic environment that both respects individual freedom and promotes the health, safety, and welfare of all members of its community. The College has established the policies governing the possession, sale, and consumption of alcoholic beverages on its campus, and which conform to the laws of the Commonwealth of Pennsylvania. The College sponsors programs that promote awareness of the physical, psychological, social, and behavioral effects of alcohol consumption. The College also assists its members in finding alternatives to the use of alcoholic beverages for promoting social interaction and stress reduction, and it provides some services and resources for community members who are experiencing alcohol-related difficulties. Lebanon Valley College’s alcohol policy and programs are intended to encourage its members to make responsible decisions about the use of alcoholic beverages, and to promote safe, legal, and healthy patterns of social interaction. The consumption of alcohol has potential for abuse, and the College community will not tolerate inappropriate use of alcoholic beverages, regardless of the age of the student.

Students and organizations violating the following guidelines are subject to judicial/student conduct action by the College. Students and student organizations violating public law are not shielded from legal authorities, even when College judicial/student conduct action is taken with regard to College policy.

Alcohol Policy Guidelines

No person under the age of 21 is permitted to possess or consume alcohol on property owned or controlled by Lebanon Valley College.

Students under 21 years of age may not be present where alcohol is being served or consumed except when the consumption occurs in their residence hall room/ living space and is by their roommate(s) who is 21 years of age or older. On rare occasions, students under 21 years of age may find themselves in the presence of alcohol but may not be charged with a violation of the Student Conduct Code (see Use of Breathalyzer section below).

Students under 21 years of age may not possess alcohol containers, whether empty or full, as decorative items or for any other reason in their residence hall room/living area.

Students 21 years of age or older may possess alcohol for their personal use in their own residence hall room/living space. The maximum quantity allowed is not more than two six-packs of 12 oz. beer, or one six-pack of wine coolers, or one liter of wine, or one liter of distilled alcohol per 21 years of age or older student. Any amount of alcohol beyond the above stated quantity will be considered an Excessive Amount of Alcohol and is prohibited.

Resident students who are 21 years of age or older may not consume alcohol in the presence of anyone under 21 years of age other than their roommate(s).

Students 21 years of age or older are not permitted to furnish alcohol to minors.

Alcoholic beverage containers must be sealed and concealed from view when transported on campus to a student’s living space.

Alcohol may not be possessed or consumed in any common area. Common areas are defined as indoor or outdoor spaces used by the residential community. These include but are not limited to lounges, hallways, stairwells, porches, academic buildings, Mund College Center, Yuhas Commons, parking lots, and athletic facilities.

Activities or drinking games which encourage rapid consumption of alcohol are prohibited.

Four Loko, Grain alcohol, kegs of any size, beer balls, or other containers of large quantity, whether empty, partially, or completely filled, are strictly prohibited on property owned or controlled by Lebanon Valley College.

Alcohol paraphernalia will be confiscated. Paraphernalia includes but is not limited to partially filled or empty containers, funnels, keg taps, and pong tables.

Intoxication, regardless of age, in which a student is disruptive or whose behavior requires an intervention will not be tolerated.

Furnishing of alcohol to a visibly intoxicated person is prohibited. Provision must be made for the safety of such individuals by calling residential life or public safety staffs or an ambulance.

The host(s) of any gathering in which alcohol is present will be responsible for what occurs in their residence hall room/ living area or gathering.

All non-student guests are subject to College Policy. Student hosts will be held responsible for the behavior of their guest.

Students who violate the law off campus may also receive a College sanction.

Our main obligation is to preserve an atmosphere conducive to study and personal growth. Each student has the right to quiet conditions in a residential living area, weekends included. Students are to behave in a manner which does not disrupt the residence hall or infringe upon the rights of another student to study or sleep, bring discredit upon themselves or the College, or interfere with the rights, freedoms, and safety of others.

Engaging in acts of public drunkenness, vandalism, disorderly conduct, harassment, or infringement of the rights or privacy of others is in violation of the values respected by the Lebanon Valley College community and will not be tolerated. Each individual maintains the responsibility for his or her own decisions and actions regarding the use of alcoholic beverages and should be prepared to accept the consequences associated with any violation of College policy and federal, state, and local laws and ordinances.

Students of any age who do not conform to the expectations of the College’s alcohol policy guidelines will be subject to judicial/student conduct action and confiscation of alcoholic beverages and alcoholic beverage containers (if applicable) by the residential life staff and public safety personnel and referral to the associate dean of student affairs and/or cited by law enforcement officers. Activities which take place within a student’s room, suite, or apartment which cause or lead to disturbances or damage will not be tolerated, and disruptive students will be referred to the associate dean of student affairs or his/her designee. Moreover, students who are intoxicated/under the influence of alcohol and/or disorderly, whether in possession of alcohol or not, will also be referred to the associate dean of student affairs. Intoxication will not be an excuse for misbehavior; indeed, misbehavior while intoxicated may be dealt with more strongly than simple misbehavior. Depending on the nature and severity of the offense, the associate dean of student affairs will impose sanctions consistent with College policy. Sanctions are included in the Student Handbook.

The College expects each student to comply with federal, state, and local laws concerning alcoholic beverages, and further stresses that any student who illegally uses alcoholic beverages is subject to the jurisdiction of the civil authorities. The College defines its relationship with students in this area as non-custodial and stresses that there is no “special relationship” created by their status as students as it pertains to the law. The College will take no responsibility for any actions taken by students who have been drinking, on or off campus.

A student whose level of intoxication is such that it is potentially life threatening, requires medical attention, involves injury, or results in property damage may be required to have counseling services and/or an alcohol assessment and be required to follow the recommendations of the assessment.

Students who violate AOD (Alcohol and Other Drugs) laws off campus may also face College judicial/student conduct sanctions. More specifically, if a student is arrested for DUI, controlled substance, marijuana and/or paraphernalia, and/or violence related to AOD issues, College charges will be filed. In cases of open containers and underage possession, the College reserves the right to bring charges; however, repeated offenses of this nature will result in College charges.

Guidelines for Enforcement
Student affairs and public safety personnel have responsibilities for enforcing the College’s rules and regulations concerning the possession and consumption of alcoholic beverages on campus. These rules and regulations have been developed to comply with the laws of the Commonwealth of Pennsylvania and to maintain a standard of conduct consistent with the mission of Lebanon Valley College.

The primary means of enforcing the College’s alcohol policy will be the Lebanon Valley College Judicial/Student Conduct System, which provides for either administrative action or action by a Judicial/Student Conduct Body when students or student groups and organizations are charged with violating College policy. However, if the College considers the incident to be particularly serious, criminal procedures, in addition to action through the Student Conduct Code, may result. The following principles shall apply in enforcing the College’s alcohol policy:

Any student, whether of legal age or not, who commits a criminal act against a person or property while intoxicated on College property faces the possibility of criminal action in addition to on-campus judicial/student conduct action.

The use of legal substances for unintended purposes (intoxication) may subject the user, regardless of age, to judicial/student conduct action if behaviors impact the individual or campus community.

Use of Breathalyzers/BAC testing: College policies prohibit the use of ANY amount of alcohol by those students under the age of 21. On occasion, underage students may be found “in the presence of alcohol,” a violation of the Student Conduct Code. This may occur while visiting in other students’ rooms, common areas, or other campus properties. In order to evaluate if an underage person has violated the legal drinking age and/or may be a health and safety risk due to the amount of alcohol used, public safety staff have portable breathalyzer units. On campus, a test may be administered by public safety at the discretion of the officer addressing the situation. Residential life staff will NOT administer breathalyzer tests. Public safety may ask students to take a voluntary breathalyzer test in order to demonstrate that they have not been drinking alcohol. They may also ask students to take a breathalyzer test to help assess the need for medical treatment. It is not public safety’s responsibility to offer you a breathalyzer test. Staff may offer one as a courtesy, but it is the responsibility of each individual to request a breathalyzer test. Students have the right to refuse to take a breathalyzer test. However, if you do not take a breathalyzer test and are charged with “in the presence of alcohol” your student conduct hearing officer has no other way of knowing that you were not drinking. Student conduct hearing officers use a preponderance of information standard to determine responsibility for a policy violation. Students who consent/request a breathalyzer test will not be charged IF they are found not to have consumed alcohol, per test (.00) results. Public safety maintains a complete policy on the use of the Breathalyzer unit(s) as part of their policy/ protocols manual. Note that breathalyzer test results WILL NOT be shared with local police. Non-students/guests will NOT be tested.

Information on Pennsylvania Crimes Code
All persons, while in the Commonwealth of Pennsylvania, are subject to the Pennsylvania Liquor Code and the Pennsylvania Crimes Code. The College expects students to know and comply with these laws and provisions and will not condone violation of them nor impede legitimate efforts of the state or township to enforce them.

The minimum age in Pennsylvania for the purchase, consumption, possession, or transportation of alcoholic beverages is 21 years.

It is illegal to furnish or serve alcoholic beverages to any person under the age of 21.

Pennsylvania law provides that any person less than 21 years of age who attempts to purchase, purchases, possesses, consumes, or transports any alcoholic beverages within Pennsylvania is subject to a fine of up to $500 and will lose his/her driver’s license for a minimum of 90 days. In addition, any person 21 years of age or older who gives any alcoholic beverages to any person under 21 years of age commits a misdemeanor of the third degree. Such persons are subject to a fine of not less than $1,000 for the first violation, and a fine of $2,500 for each subsequent violation, and may also face imprisonment.

Local ordinance prohibits carrying or consuming of alcoholic beverages in open containers out-of-doors on public property, regardless of a person’s age.

It is illegal to use false identification or to misrepresent one’s age for the purpose of obtaining or consuming alcoholic beverages.

No group which is not licensed by the Liquor Control Board may sell alcoholic beverages.

Driving under the influence of alcohol (blood alcohol level of 0.08 percent or greater) is illegal.

All students should be aware of the following sections of the 1986 revision of the Pennsylvania
Crimes Code, Title 18 Act 31: Liquor Law Violations and Penalties.

Section 6307 Misrepresentation of Age: A person being under the age of 21, knowingly and falsely represents himself to be 21 years of age or older... for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages... FIRST OFFENSE: Summary violation, not more than $500 fine and suspension of driver’s license for 90 days. SUBSEQUENT OFFENSE(S): Misdemeanor III, pay a fine of not more than $500, suspension of license for one-two year(s). MANDATORY SENTENCING.

Section 6308 (a) Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages: A person... less than 21 years of age, attempts to purchase, purchases, consumes, or possesses, or knowingly and intentionally transports any liquor... parents notified of arrest. FIRST OFFENSE: not more than $500 fine, suspension of license for 90 days. SUBSEQUENT OFFENSE(S): fine up to $1,000, suspension of license for one-two year(s).

Section 6308 (f) Exception for Person Seeking Medical Attention for Another:
A person shall be immune from prosecution for consumption or possession under subsection
(a) if he can establish the following:

The only way law enforcement officers became aware of the person’s violation of subsection (a) is because the person placed a 911 call, or a call to campus safety, police or emergency services, in good faith, based on a reasonable belief and reported that another person was in need of immediate medical attention to prevent death or serious injury.

The person reasonably believed he was the first person to make a 911 call or a call to campus safety, police or emergency services, and report that a person needed immediate medical attention to prevent death or serious injury.

The person provided his own name to the 911 operator or equivalent campus safety, police or emergency officer.

The person remained with the person needing medical assistance until emergency health care providers arrived and the need for his presence had ended.

Section 6310 Inducement of Minors to Buy Liquor: ... misdemeanor of the third degree if he hires or requests or induces any minor to purchase, or offer to purchase liquor... from a... licensed dealer for any purpose. PENALTY: MANDATORY SENTENCING and a fine of not less than $300.

Section 6310.1 Selling or Furnishing to Minors: A person commits a misdemeanor of the third degree if he/she intentionally and knowingly sells or... furnishes, or purchases with the intent to sell or furnish, any liquor... to a person... (under the age of 21). FIRST OFFENSE: fine of not less than $1,000, possible imprisonment, or both. SUBSEQUENT: $2,500 fine, possible imprisonment.

The word “furnish” as detailed within this Pennsylvania Crimes Code section is defined as “to supply, give or provide to, or allow minor to possess on premises or property owned or controlled by the person charged.”

College Policy on Drugs
Lebanon Valley College intends to provide and maintain a drug-free environment for all students and employees of the College. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on any Lebanon Valley College property. A controlled substance is a controlled substance in Schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. Section 812 and as further defined by regulation or amendment. Examples of controlled substances include, but are not limited to, opiates, such as heroin, morphine, and codeine; cocaine; cannabinoids, such as marijuana and hashish; amphetamines; barbiturates; valium or librium, phencyclidine (PCP), methaqualone (Quaalude), and peyote (LSD); and substances not sold as prescription drugs or medicines but which are used for mind and/or behavior altering effect.

Possession and use of such drugs and materials which is in violation of Federal and/or state laws subjects students and employees to the claims of those laws. The College fully supports the laws of the Commonwealth and acknowledges the rights of civil authorities in enforcing these laws.

Additionally, violations of this policy will render a student liable to on-campus judicial/student action in accord with the Student Conduct Code. Also, the possession of paraphernalia associated with the dispensing or use of alcohol or illegal drugs is a violation of the Student Conduct Code.

Due to the danger of such substances as synthetic marijuana or K2-type products, these substances are prohibited on property owned by Lebanon Valley College.

Health Risks
The policies regarding alcohol and drugs are couched largely in terms of their relationship to federal and state laws and to operational and judicial/student conduct procedures at the College. The policies exist, however, not simply because there are laws governing their use or because the abuse of such substances is often related to behavioral problems which often violate the character of the community, but because the use and abuse of such substances represents a health risk about which any educational institution has responsibility to warn its students.

Substance abuse can affect the physiological processes of body organs and systems, and mental and emotional health. Health risks associated with substance abuse are: damage to the central nervous system causing impairment of brain functions and marked instability in mood; damage to the cardiovascular and digestive systems; and damage to the liver. Recent research indicates that substance abuse can affect the reproductive system causing increased risk of infertility and breast cancer in women, of sterility and impotence in men, and deformities in the fetus.

Perhaps the most harmful potential effect of alcohol abuse is chemical dependency, estimated to affect 10 percent of the population. The College encourages you to seek help if you suspect that drinking is harming you or a person close to you.

There are extensive risks to mental and physical health associated with the use or abuse of mind-altering drugs. Sedative drugs have a high overdose potential and are physically addictive. Stimulant drugs are psychologically addictive and frequently induce psychotic states in the abuser. Cocaine is perhaps the most psychologically addictive drug known. Hallucinogens distort reality and can affect memory. Opiates are very physically addictive and have a high overdose potential. The abuse of virtually any drug interferes with memory and learning. Dependency is possible with almost any drug and causes complete disruption of the person’s life.

Treatment
Referrals for counseling and treatment of drug and alcohol problems are made to the College’s counseling psychologist; Lebanon County Drug and Alcohol Center; the Richard J. Caron Foundation, Harrisburg and Wernersville; and Alcoholics Anonymous, Lebanon.

Education
Through special programs and events the College attempts to educate its students and employees on the legal, social, and medical effects related to substance use and abuse. The annual Alcohol Awareness Week is a substantial campus-wide effort to publicize and dramatize the effects of substance abuse. Additionally we make available to all students and employees copies of the Education Department booklet, Schools without Drugs, which provides information on a variety of health risks associated with drugs and alcohol, as well as other educational materials.

Anti-Hazing Policy
In accordance with the 1987 Commonwealth of Pennsylvania House Bill #749, the College is unequivocally opposed to any activity which does not contribute to the positive development and welfare of its students. Activities detrimental to the physical, emotional, educational, or moral welfare of students cannot be tolerated. Therefore, hazing is strictly prohibited.

Hazing is defined as any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of, or recognized as, an organization by an institution of higher education.

Hazing includes, but is not limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of food, liquor, drug, or other substance, or any other forced physical activity which could adversely affect the physical health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep deprivation, exclusion from social contact, conduct which could result in embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual, or any willful destruction or removal of public or private property. For purposes of this definition, any activity as described above which may be required for affiliation with or continued membership in an organization is presumed to be “forced” activity, the willingness of an individual to participate in such activity notwithstanding. Prohibited activities and behaviors are also identified in Lebanon Valley College Pledging/New Member Program Practices and Regulations.

In Pennsylvania, any person who causes or participates in hazing commits a misdemeanor of the third degree.

Family Educational Rights and Privacy act of 1974
The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, helps protect the privacy of student records. The Act provides for the right to inspect and review educational records, to seek to amend those records, and to limit disclosure of information within the records. The act applies to all institutions that are the recipients of federal funding.

Annually, Lebanon Valley College informs students of the Family Educational Rights and Privacy Act of 1974, as amended. This Act, with which the institution intends to comply fully, was designated to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students also have the right to file complaints with the Family Educational Rights and Privacy Act Office (FERPA) concerning alleged failures by the institution to comply with the act.

Local policy explains in detail the procedures to be used by the institution for compliance with the provisions of the Act. The policy can be found online at www.lvc.edu/registrar/ferpa.aspx. The offices mentioned also maintain a Directory of Records which lists all education records maintained on students by this institution. Students should know that school officials within the institution may obtain information from educational records without obtaining written consent. Questions concerning the Family Educational Rights and Privacy Act may be referred to the Registrar’s Office.

Student Consumer Information
LVC makes available a wealth of consumer information to current and prospective students and their families in accordance with the 2008 Higher Education Opportunity Act (HEOA) and the Student Right-to-Know Act. Visit our student consumer information website for a list of the materials available, including graduation rates and outcomes, financial and loan information, health and safety information, and more: www.lvc.edu/about-lvc/consumer-information.aspx.

Detailed information on student retention and graduation rates is available in the Office of the Registrar.

Student Social Media Policy
The College will not tolerate social media content that is in violation of College policies and procedures, or of any applicable state, federal, or local laws or regulations. The College reserves the right to deactivate social media sites and/or remove content at its discretion. While College representatives monitor College-approved sites that they manage to ensure that posts are properly moderated, conform to College policies and procedures, and do not contain inappropriate content, the College cannot and does not monitor sites that are not College-approved. However, if the College is made aware of content on such sites that violate College policies and procedures, or of any applicable state, federal, or local laws or regulations, it will take appropriate action.

Social media communication is public and visible, and posting inappropriate texts, statements, pictures, videos, or images could provoke institutional or legal ramifications for the student or student group/organization. Students are responsible for the content, activity, and subject matter they post publicly. References to individuals, groups, or any other entity, whether in jest or not, reflect on the College. Accountability and responsibility come with any social media activities. Good judgment and character are values expected of the College and its community members, whether in person or online via social media outlets.

The following list, while not exhaustive, demonstrates the type of content and social media activity that is prohibited. The College will not tolerate:

Content or activity that contains defamatory or disparaging references or depictions of other groups, organizations, institutions, or individuals

Content or activity that is malicious or meant to intentionally harm someone’s reputation

Content or activity that could compromise public safety

Content or activity that compromises or violates the confidentiality of College or student records

College representatives will take appropriate action in dealing with student misuse/misconduct related to/emanating from social media sites whether College-owned or otherwise. Such action may include judicial/student conduct action, as well as involvement of appropriate law enforcement personnel. While the College does not monitor non-College related sites, the College will respond appropriately when it determines that content/activity violates this policy.

Acceptable Use Policy for College Computing and Communications
In general, the College’s computing facilities and services are meant for College-related, non-commercial use. These facilities and services include: the central systems and network used for academic and administrative computing, along with their associated software and files; communications facilities such as dial-up and network access; other College-owned computers including those in departments and labs; and College-provided supplies and other materials.

The use of the College’s computing facilities and services is a privilege, not a right, granted by the College to its users. By using the facilities to store information, the user acknowledges the College’s right to access any file (including electronic mail files) on its systems as a part of responsible system management.
Most of the software provided by the College for use in its facilities and on its computer systems is governed by licensing agreements. By using such software, the user agrees to abide by the terms of those agreements as well as applicable local, state, and federal laws. Unauthorized copying or removal of such College-supplied software is specifically prohibited.

Furthermore, users may not use or attempt to use the College’s computing facilities and services in any way that deliberately interferes with the reasonable and private use of these facilities and services by others. The College reserves the right to revoke a user’s privilege to use any or all of the College’s computing facilities and services. Further action may be taken by the College should the user violate any of these policies. Such violations may also result in legal action should they involve such things as copyright laws and licensing agreements.

Judicial/Student Conduct SystemJurisdiction
In addition to providing a sound educational environment for intellectual pursuits, the College is concerned with developing socially responsible citizens. The educational and community living goals at the College require a concern for the quality of student conduct. Membership in the College community is a privilege, which may be rescinded with cause. Students have a responsibility to respect the rights of the individual and the collective rights of others. In order to guarantee the welfare and freedom of members of the community, the College has adopted rules and behavioral standards, which it considers necessary for the protection of individual rights and the preservation of the academic community. The Student Conduct Code reflects the College’s concern that high standards be maintained by students and student organizations. The judicial/student conduct system exists to protect the rights of all of the members of the Lebanon Valley College community. It seeks to develop a sense of responsibility in students, and to teach students about desired behavior.

Lebanon Valley College expects its students to conduct themselves in all places and times in such a manner as to bring credit to themselves and to the College. College rules apply on all College premises and at all College activities, whether on or off campus. More broadly, the College specifically reserves the right to apply their rules to any student behavior even when off campus and unconnected to a school activity if the alleged conduct adversely impacts the College community or its objectives. The College reserves the right to review the conduct, including off-campus behaviors, of all student(s) from the date of enrollment to the date of graduation. The College also reserves the right to dismiss any student(s) whose conduct is detrimental to its welfare or whose attitude is antagonistic to its mission. Inappropriate student conduct on or off campus may result in College judicial/student conduct action.

The Student Conduct Code identifies specific student behavior that is subject to judicial/student conduct action. The Student Conduct Code addresses student behavior that violates the rights, privileges, or safety of person or property and the College’s pursuit of its educational goals. The Code is not a criminal code, therefore the general rules of criminal law and criminal procedures do not apply. Students are considered adults who are expected to assume personal responsibility for their actions and are responsible for observing the regulations of the larger community. Violation of civil or criminal law either on or off campus may result in the College’s review of a student’s conduct. Generally, an individual’s actions off campus are subject to the actions of civil authorities. The College reserves the right, however, to take action for such off-campus behavior independently of civil authority when the interests of the College are involved. An action involving a student in a legal proceeding in a civil or criminal court does not free a student of responsibility for his or her conduct in a College hearing. If a student is charged in both jurisdictions, the College will proceed with its internal review according to its own schedule.

All LVC students are required to report arrests/convictions that occur off campus. This includes, but is not limited to, situations that occur over breaks and summer months. Reports should be made to the vice president of student affairs and dean of students.

Groups or organizations formally approved by the College are subject to the same regulations as individual students. Any group or organization may be held accountable for the actions of any of its members if the misconduct is in anyway related to the living group or organization. Group misconduct may not officially be sanctioned by the entire membership in order to be considered grounds for judicial/student conduct action against the group. There is no minimum number of group members who must be involved in an incident before judicial/student conduct action may be taken against the entire group. A group may be held accountable if it is likely that the individual(s) would not have been involved in the incident if they were not member(s) of the group, or if, by group action, the incident might have been prevented. Individuals may also be held accountable for their actions when the group faces charges for a violation.

All students are responsible for being knowledgeable about living within College policy and the Student Conduct Code. Students involved in disciplinary difficulty are counseled on an individual basis and, when necessary, administrative or official judicial/student conduct action is taken.

Any member of the College community (student, staff, faculty) may bring a charge under this code against a student or student group.

Judicial/Student Conduct Authority
The associate dean of student affairs shall determine the composition of judicial/student conduct and appeals bodies, and determine which judicial/student conduct body, judicial/student conduct officer, and appeals body shall be authorized to hear each case. The associate dean of student affairs may also serve as a judicial/student conduct body, judicial/student conduct officer, and appellate person. In most cases, the associate dean of student affairs adjudicates student violations of College policy.

A judicial/student conduct body may be designated as arbiter of disputes within the student community in cases which do not involve a violation of the Student Conduct Code. All parties must agree to arbitration, and to be bound by the decision with no right of appeal.

Definitions

The term “College” means Lebanon Valley College.

The term “student” includes all persons taking courses at the College, both full time and part time. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of their acceptance for admission are considered “students.”

The term “College official” includes any person employed by the College performing assigned administrative or professional responsibilities.

The term “member of the College community” includes any person who is a student, faculty member, College official, or any other person employed by the College.

The term “faculty member” means any person hired by the College to conduct classroom activities.

The term “College premises” includes all land, buildings, facilities, and other property in the possession of, or owned, leased, used, or controlled by the College.

The term “organization” means any number of persons who have complied with the formal requirements for College recognition. A College organization is any fraternity, sorority, athletic team, or student organization/club.

The term “judicial/student conduct body” means any person or persons authorized by the vice president of student affairs and dean of students or designee to determine whether a student has violated the Student Conduct Code and to recommend imposition of sanctions resulting from Student Conduct Code violations.

The term “judicial/student conduct officer” means a College official authorized on a case-by-case basis by the associate dean of student affairs to investigate complaints and to impose sanctions on students found to have violated the Student Conduct Code. Judicial/ student conduct officers include, but are not limited to, vice president of student affairs and dean of students, associate dean of student affairs, director of residential life, members of the residential life staff, and/other student affairs personnel as deemed appropriate. Judicial/student conduct officers will follow campus judicial/student conduct board procedures to the extent applicable. The associate dean of student affairs may authorize a judicial/student conduct officer to serve simultaneously as a judicial/student conduct officer and the sole member or one of the members of a judicial/student conduct body. The associate dean of student affairs may authorize the same judicial/student conduct officer to impose sanctions in all cases.

The term “Campus Judicial Board” is a judicial/student conduct body composed of students, faculty, and administrators that hear violations of the Student Conduct Code involving individual students and College organizations.

The term “appellate person” means any person or persons authorized by the vice president of student affairs and dean of students or designee to consider an appeal from a judicial/student conduct body’s determination that a student has violated the Student Conduct Code or from the sanctions imposed by the judicial/student conduct body.

Vice president of student affairs and dean of students is that person designated by the College to be responsible for the administration of the Student Conduct Code.

The term “policy” is defined as the written regulations of the College as found in, but not limited to, the Housing Agreement, the Student Handbook, and the College Catalog.

The term “respondent” means the student or organization charged with a violation of the Student Conduct Code. The president and one other officer represent the respondent in cases involving an organization.

The term “complainant” means any person who submits a judicial/student conduct complaint alleging that a student violated the Student Conduct Code.

The term “advisor” means a member of the college community who serves as a support person for the respondent or complaint before and during a hearing; he/she may not speak during the hearing.

The term “preponderance” of evidence is the amount of evidence needed at Lebanon Valley College to find the respondent responsible; when the evidence persuades the judicial/ student conduct body that the alleged violation more likely took place than did not.

The term “Student Conduct Code” is the set of standards, rules, and regulations that define community expectations and prohibited conduct for Lebanon Valley College students.

The term “shall” is used in the imperative sense.

The term “may” is used in the permissive sense.

Lebanon Valley College® in Annville, Pa., welcomes 1,600 full-time undergraduates studying more than 30 majors, as well as self-designed majors.
Founded in 1866, LVC has graduate programs in athletic training, business, music education, physical therapy, and science education.
Annville is 15 minutes east of Hershey and 35 minutes east of Harrisburg; Philadelphia, Washington, D.C., and Baltimore are within two hours.